71-3-538. Release of notice of right to claim lien. (1) A person who has filed a notice of the right to claim a lien shall file a release of the notice of the right to claim a lien when the person is paid for the services and materials that are the subject of the notice of the right to claim a lien.
(2) If a person subject to the provisions of subsection (1) has been paid for the services and materials pursuant to a real estate improvement contract, the person shall file a release of the notice of the right to claim a lien within 5 business days of the contracting owner's request that the release be filed.
(3) The release must be filed with the clerk and recorder of the county in which the improved real estate is located and must include:
(a) the clerk and recorder's file number of the notice of the right to claim a lien;
(b) the date on which the notice of the right to claim a lien was filed; and
(c) the name of the person to whom the notice of the right to claim a lien was given.
(4) The release must be signed by the person who filed the notice of the right to claim a lien or by a person authorized to sign for the person who filed the notice of the right to claim a lien.
History: En. Sec. 2, Ch. 182, L. 2009.
Structure Montana Code Annotated
Title 71. Mortgages, Pledges, and Liens
71-3-506. through 71-3-510 reserved
71-3-523. Who may claim construction lien -- limitation
71-3-524. Limitation of lien for materials supplied
71-3-527. through 71-3-530 reserved
71-3-531. Notice of right to claim lien required -- exceptions
71-3-532. Content of notice of right to claim lien
71-3-533. Notice of completion
71-3-534. Filing with county clerk -- notification of owner
71-3-535. Attachment of lien -- filing
71-3-536. Content of lien notice
71-3-537. Acknowledgment of satisfaction of lien -- penalty
71-3-538. Release of notice of right to claim lien
71-3-539. and 71-3-540 reserved
71-3-541. Priority among holders of construction liens
71-3-542. Priority of construction liens as against claims other than construction lien claims
71-3-543. through 71-3-550 reserved
71-3-551. Substitution of bond allowed -- filing -- amount -- condition
71-3-552. Lien discharged upon filing of bond
71-3-553. Action upon bond -- period of limitation same
71-3-554. through 71-3-560 reserved